15 March 2009 Legislation Change - Amendments to the Australian Citizenship Act 2007 to remove discrimination against same-sex de facto couples and their children

The Same-Sex Relationships (Equal Treatment in Commonwealth Laws–General Law Reform) Act 2008 (the Amending Act) amends the Australian Citizenship Act 2007 (the Act). The Amending Act received Royal Assent on 9 December 2008. Part 1 of Schedule 10 to the Amending Act will commence by proclamation on 15 March 2009.

The Amending Act amends the Act to remove discrimination between same-sex and opposite-sex de facto couples, and their children.
Affected legislation

The following provisions of the Act are amended:

* Section 3
* Section 6
* Section 8
* Subsection 22(9)
* Subsection 22(10)

Additional information:

Under the amendments, married couples and de facto couples (whether of the same-sex or opposite-sex) will be recognised as the parents of the child(ren) that they have had as a result of artificial conception procedures with the use of donated genetic material or through a surrogacy arrangement under a prescribed State or Territory law (both as recognised under the Family Law Act 1975). Such parents will additionally be recognised as ‘responsible parents’ of their child(ren). Amendments will also provide parity between same-sex and opposite-sex de facto couples in accessing the residence discretion to count time spent outside Australia as time spent in Australia in meeting the residence requirement for Australian citizenship by conferral.

Application of the new provisions:

Application of amendments affecting sections 3, 6 and 8
The amendments affecting sections 3, 6 and 8 of the Act apply in relation to the acquisition or cessation of Australian citizenship on or after 15 March 2009 because of circumstances (including relationships) existing before, on or after 15 March 2009.

Application of amendments of section 22
The amendments of section 22 of the Act apply in relation to applications to become an Australian citizen:

1. that are made on or after 15 March 2009; or
2. that:
1. were made before 15 March 2009; and
2. were applications in relation to which decisions were not made before 15 March 2009 to approve, or to refuse to approve, the applicants becoming Australian citizens.

Forms: The following forms will be affected:

* Form 1299i – How to apply for Australian citizenship by conferral.

Instructions: Chapters 1, 3 and 5 of the Australian Citizenship Instructions will be amended to take effect on 15 March 2009, when the legislative changes take effect.

[Link: Original Article]

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Australian Gay & Lesbian Law Blog - "Who is a Parent under Section 60H" by Stephen Page

Stephen Page from the Australian Gay and Lesbian Law Blog has posted a summary and links to a recent Federal Magistrates Court case which has relevance to both Gay and Lesbian couples who have had children via artificial reproduction or are planning to go down that path.

"In the recent Federal Magistrates Court case of Keaton and Aldridge, the court had to consider who was a "parent" within the meaning of s.60H of the Family Law Act.

The issue was relevant because Ms Keaton and Ms Aldridge were in a lesbian relationship, and then split up. Ms Aldridge had had a child through artificial conception procedures. The issues before the court included as to whether Ms Keaton was, as she contended, a parent of the child, and whether Ms Aldridge and Ms Keaton were, as Ms Keaton contended, in a de facto relationship.

The issue of when they were in a de facto relationship was important- if the requirement was that they needed to be in a de facto relationship as the time of conception, then Ms Keaton may not be a parent as they may not have been not living together; but if it were at the time of birth, then she would be a parent because by that time they were living together".

[Link: Original Article]
[Link: Original Case]

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Sydney Star Observer - "12yo Blasts Adoption Inquiry" by Harley Dennett

Twelve-year-old Brenna Harding stared down conservative MPs David Clark and Fred Nile while giving evidence before the same-sex adoption inquiry.

The daughter of Vicki Harding and Jackie Braw told the committee last week she wanted her second mum, Jackie, to adopt her so they could be recognised as a family.

“I think it would be great if she was legally recognised. I mean, I already recognise her as my mum. But legally there are things like medical [issues...],” Brenna said.

Neither Clark nor Nile had any questions for Brenna or her mothers, despite the committee’s intense interrogation of the Gay and Lesbian Rights Lobby earlier.

A third conservative MP on the committee, Labor MLC Greg Donnelly, made no attempt to hide his hostility to a dad-free family and pressed Brenna seven times on her relationship with her biological father.

“He’s not my father, he’s my donor. He doesn’t live with me, he hasn’t raised me. I see him but he isn’t like Jackie,” she responded.

Donnelly, a conservative Catholic and former secretary of the Shop, Distributive and Allied Employees Union, continued to press the family to respond to US research on single mothers.

“A daughter has special needs of her father especially the approval of her attractiveness as a person, acceptance of body shape, encouraging the confidence to say no to drugs, and understanding what she should expect in her relationships with men including sexuality,” he quoted.

Brenna said she felt her mothers had those things quite under control.

“There are plenty of families with fathers where those messages are not delivered to their daughters. The proof is in the pudding, the children,” Vicki Harding added.

The mothers had selected a school they knew would be good for Brenna, and addressed teasing by other students.

“Kids find amazing reasons to tease kids. We had a very slight issue in grade three. This boy had heard those teasing words somewhere, he was eight years old, it hasn’t come out of thin air,” Vicki Harding said.

“He’s heard that at home, in his community somewhere. If there wasn’t discrimination this situation wouldn’t arise.”

“It’s not do we have children as GLBTs, because anybody’s children could be teased.”

The Harding mother and daughter team are known in same-sex parenting circles as the co-authors of the Learn To Include children’s books.

[Link: Original Article]

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I have two fathers 同性恋的现世报

"I have two Dads. They wash my clothes, they make me breakfast. They are also my Mums. If people ask me why I have two Dads, I just shrug These are the words of a new childrens song from Holland. Children are a timeless subject and a challenge that can take over your entire life. They laugh and cry, and piss and crap just like us, except they cant control it. They can rob us of the time to have a drink, and even stop us caring about our appearances. They can make us cry, and make us painfully aware that were already over the hill. But none of this stops even the most youthful and flamboyant of gays longing for a child. There are many ways to do it: have one yourself, have someone else have one for you, adopt one, have one for someone else, get one at a sperm bank, ask a friend to lend a hand, and so on gays can even turn having a kid into a variety show. But ultimately everyone seems happy for a little karmic retribution for their wild days. QAFBeijing has invited two gay couples, one who want to have a child, and another who are preparing for imminent fatherhood, onto the show. All comrades considering children listen well, dont be too hasty. Dont make any decisions until youve seen this episode"

[Link: Original Video]
[Link: Queer as Folk Beijing]

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The Age - "Gay couples use kids as trophies: ACL" by Stephanie Gardiner

A Christian group has told a NSW parliamentary inquiry gay people are using children for symbolic gains in pursuing their right to adopt.

The Australian Christian Lobby (ACL) told the Standing Committee of Law and Justice's inquiry into adoption by same sex couples that children should ideally be raised by a mother and father.

The parliamentary inquiry follows a request from Community Services Minister Linda Burney to look at altering the NSW Adoption Act to allow same-sex couples to adopt.

Under NSW law, a single gay person can adopt a child but their partner is not legally recognised as a parent.

The lobby's submission, which was scrutinised by committee members from all sides of politics, said a homosexual relationship did not provide a stable environment for a child.

"Research shows that the most stable relationship is a married heterosexual relationship and that's where there is the least promiscuity," ACL spokesman Lyle Shelton told the inquiry.

The move to legalise adoption by same-sex couples was ideologically driven by gay activists, Mr Shelton said.

"Not content with having discrimination removed, (they) are now pursuing symbolic gains and holding up children as trophies for their own agenda," he said.

Labor MP Amanda Fazio challenged the group's views on homosexual promiscuity, saying one quarter of children to married couples are not fathered by the husband.

"If you're going to use promiscuity as a basis for denying people the right to adoption, then how are you going to apply that across the board ... to the heterosexual community?" Ms Fazio asked.

"It seems to me that's just an attempt to smear gay men in their attempts to gain the right to adopt."

Liberal MP John Ajaka also questioned the group's stance on protecting the nuclear family.

"Not all children today are raised by a mother or father. Many are raised ... by one parent only. Many are raised by a grandmother and a grandfather," Mr Ajaka said.

"You've got children who have been adopted by a single person and that person may be gay or lesbian.

"How can you put that together with your concept that the normal family is a man and a woman in a loving relationship when that really does not exist today."

[Link: Original Article]

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ABC Online - "Children's charity supports same sex adoptions"

A NSW parliamentary inquiry is investigating whether to extend adoption rights to same sex couples

A NSW parliamentary inquiry is investigating whether to extend adoption rights to same sex couples (AAP: Sam Mooy)

A major children's welfare service in New South Wales says it would support changes to the law to allow same sex couples to adopt children.

The chief executive of Barnardos, Louise Voight, has appeared before a parliamentary inquiry which is examining whether there needs to be changes to the Adoption Act.

The charity deals with abused children, and encourages its foster carers to think about adoption.

Ms Voight says eight per cent of its carers are same sex couples, and she has seen no research to suggest they would not make good adoptive parents.

"Outcome research that has been done, that i am aware of, where in fact they have looked at what the effects upon children are, have not shown detrimental effects," she said.

However, Jane West, who is in charge of adoptions at Anglicare, has told the inquiry that the current rules should not be changed.

She says ideally the child should be placed in a situation that promotes their emotional and social development.

"Same sex adoptive parenting is outside the norm, and adopted children already struggle with feelings of difference," she said.

"In Anglicare's view, it is important to avoid imposing more than the necessary adjustments on them."

[Link: Original Article]

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Live News - "Gay adoption hits international hitch" by Kelly Fedor

There are claims Australia's adoption agreement with other countries could collapse if New South Wales legalises gay adoption.

An upper house inquiry is looking at whether our current laws, which prevent same-sex couples from adopting children, needs to be overhauled.

DOCS legal services director Rod Best says the agency wouldn't put the names of same-sex couples forward if the laws were changed.

“In terms of adoption of a child internationally, one of the criteria that you take into account are the wishes of the country that the child is being adopted from,” Mr Best said.

“Of all of the countries that New South Wales, and Australia, currently have arrangements with, none of them agree to same-sex couples adopting.”

[Link: Original Article]

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